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23.—(1) Any payment made to the relevant person in respect of a person who is a member of his family—
(a)in accordance with regulations made pursuant to section 57A of the Adoption Act 1976(1) (permitted allowances) or with a scheme approved by the Secretary of State under section 51 of the Adoption (Scotland) Act 1978(2) (schemes for payments of allowances to adopters);
(b)which is a payment made by a local authority in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989(3) (local authority contribution to a child’s maintenance where the child is living with a person as a result of a residence order) or, as the case may be, section 50 of the Children Act 1975(4) (payment towards maintenance of children); to the extent specified in sub-paragraph (2).
(2) In the case of a child or young person—
(a)to whom regulation 29(2) (capital in excess of £5,000) applies, the whole payment;
(b)to whom that regulation does not apply, so much of the weekly amount of the payment as exceeds the amount included under Schedule 1 in the determination of the relevant person’s applicable amount for that child or young person by way of the personal allowance and disabled child premium, if any.
1976 c. 36; section 57A was inserted by paragraph 25 of Schedule 10 to the Children Act 1989.
1989 c. 41; section 15(1) was amended by the Courts and Legal Services Act 1990 (c. 41), section 116 and Schedule 16.
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